New Mexico Administrative Code

Permanent

January 15, 1999

This rule establishes procedures and requirements to provide principal and interest due on outstanding school district general obligation indebtedness in the event ad valorem taxes or other revenues of the public school district are either insufficient or are not received by the …

A. "School District Loan Act" means the act, Sections 22-18A-1 through 5 NMSA 1978, creating a revolving loan fund to provide loans when property tax proceeds are insufficient to meet debt service on general obligation indebtedness. B. "Public school district general obligation b…

If it is determined by the public education department and the department of finance and administration that there are insufficient ad valorem taxes or other public school district revenues to meet a payment of principal or interest due on public school district general obligatio…

Application procedures: A. A public school district may apply for a loan from the public school district general obligation bond loan fund upon certification by the local board of education that there are insufficient ad valorem taxes or other school district revenues to meet the…

Public Education Department

A. Scope (1) This section shall apply only to those actions encompassed by 20 U.S.C. 1232 c(b) and shall not apply to those actions encompassed by 20 U.S.C. Section 1231 b-2(a) that are subject to the procedures set forth in section 9. (2) Notwithstanding any other remedies avail…

A. Scope: This section shall apply to the accountability of state funds where there is a failure to correct a deficiency cited in an audit. The remedies set forth in this section may be used only after the department has requested in writing that the deficiency or deficiencies in…

If any statute or regulation governing any federal program subject to this rule affords procedural rights exceeding those set forth in this rule, or otherwise establishes additional or inconsistent requirements, such statutory or regulatory right(s) shall be afforded and such req…

This rule applies to all public school districts, post-secondary institutions, state supported schools, state agencies, private nonprofit organizations, and other entities receiving state appropriated funds or federal funds through the department, and for direct grant programs fo…

A. New Mexico State Constitution, Article XII, Section 6, and the Public School Code, Section 22-1- 1, et seq., set forth the responsibilities, powers, and duties of the public education department pertaining to the control, management and direction, including financial direction…

Permanent

January 15, 1999

The objective of this rule is to establish standard operating procedures covering the audit resolution process (ARP) as it relates to federal and state funds and to set forth the application hearing process as provided for by federal statutes and regulations. These standard opera…

A. "Applicant" means a party requesting a subgrant under a program of the department. B. "Audit(s)" means an audit(s) of a subgrantee which is either conducted by an independent auditor (certified public accountant) in accordance with the Single Audit Act of 1984, as amended or t…

A. Purpose of audits: Audits conducted in accordance with the Single Audit Act of 1984, as amended, OMB Circular A-133 and/or the Audit Act Sections 12-6-1 through 12-6-14 NMSA 1978 serve to provide the department with information on activities performed under subgrants. These au…

A. Scope: The procedures set forth in this section shall be implemented to comply with the statutory and regulatory requirements of 20 U.S.C. Section 1231 b-2(a) and 34 CFR 76.401 so as to afford the opportunity for a hearing to any applicant or subgrantee aggrieved by a final ac…

Public Education Department

A. The division shall recommend to the secretary an amount to be awarded to the charter school based on approved start-up costs and projected enrollment. B. The secretary shall issue an award letter that specifies the amount of stimulus funds the charter school shall receive and …

Start-up and conversion charter schools

Sections 22-2-1 and 22-8B-14, NMSA 1978

Permanent

September 15, 2008, unless a later date is cited at the end of a section.

To establish the application process and requirements for start-up charter schools to request financial support for start-up costs and initial costs associated with renovating or remodeling existing public buildings and structures.

A. "Authorizer" means either a local school board or the commission that permits the operation of a charter school. B. "Charter school" means a conversion school or start-up school authorized by a chartering authority to operate as a charter school. C. "Chartering authority" mean…

The charter school shall submit an application to the division which shall include the following descriptions, outlines and plans. A. The official minutes of the meeting at which the chartering authority approved the charter school application. B. The amount of funds requested. C…

A. Start-up cost are limited to obligations which were incurred by the charter school on or after the date of the award letter granting the charter school stimulus funds and which were included in the charter school's stimulus budget as approved by the division. B. The division m…

Public Education Department

A. Fiscal and budget accountability (1) The department shall develop procedures for personnel and program reporting for the cooperative(s). Each cooperative shall be required to adhere to such procedures. The reporting shall include the cooperative's evaluation of the effectivene…

A. The secretary shall give written notification to a cooperative and its member entities of any failure of the cooperative to meet applicable requirements in any of its programs or activities. The notice shall specify the deficiency. Within thirty days after receipt of the notic…

A. Funding sources may include funds from federal grant allocations and general revenues of the membership and revenue from revenue-generating education-related services to nonmembers. B. With council approval, a cooperative may apply for and receive public and private grants, gi…

6.23.3 NMAC governs the establishment and procedures for regional education cooperatives

Sections 22-2-1, 22-2B-3, 22-2B-4, and 22-2B-5 NMSA 1978

Permanent

December 31, 1998.

This part establishes minimum criteria for the establishment, operation, and oversight of regional education cooperatives and authorizes the establishment of additional regional education cooperatives if the secretary determines that the establishment and operation of such additi…

A. "Council" means a regional education coordinating council. B. "Cooperative" means a regional education cooperative as authorized by the secretary pursuant to this rule. C. "IDEA-Part B" means Part B of the Education of the Handicapped Act of 1975, amended and redesignated as t…

A. The secretary may authorize the existence and operation of one or more cooperatives.(1) The authorization process is initiated by the receipt of applications and supporting resolutions requesting such authorization by two or more local school boards. By application of their go…

A. Each cooperative shall be governed by a regional education coordinating council ("council"). (1) Each council will develop and adopt by-laws for the purpose of the governance of the cooperative. (2) The by-laws shall include the following provisions:(a) procedures for electing…

Public School Capital Outlay Council

A. A school district aggrieved by a decision or recommendation of the authority that is not otherwise subject to review and final decision by the council may appeal the matter to the council. B. The following procedures will govern appeals.(1) An aggrieved district must file an a…

Public school capital outlay council and public school districts

The Public School Capital Outlay Act, Sections 22-24-1 to 22-24-11 NMSA 1978.

Permanent

November 14, 2000, unless a later date is cited at the end of a section.

The objective of the rule is to establish the definitions for rules filed in this chapter and rules for the general operation of the public school capital outlay council.

As used in this chapter: A. "public school facilities authority ("authority")" means that entity created under the public school capital outlay council pursuant to Subsection A of Section 22-24-9 NMSA 1978; B. "council" means the public school capital outlay council; C. "departme…

A. All meetings will be conducted pursuant to the provisions of the Open Meetings Act, Sections 10-15-1 to 10-15-4 NMSA 1978. At its first meeting of each fiscal year, the council will determine what notice to the public of its meetings is reasonable and will establish the schedu…

A. A majority of the membership of the council constitutes a quorum. B. The council will elect a chair and vice-chair. The chair and vice-chair will serve two-year terms. If an interim vacancy results in the office of chair or vice-chair, the council will select an officer or off…